• Title/Summary/Keyword: Developments

Search Result 3,816, Processing Time 0.037 seconds

Type and Dependency of R&D Cooperation Partners and Innovation Performance: An Empirical Study with Korean Venture Firms (R&D 협력 파트너 유형 및 의존도와 혁신의 성과: 한국 벤처기업들을 대상으로 한 실증연구)

  • Kim, Nami;Kim, Eonsoo
    • The Journal of Small Business Innovation
    • /
    • v.19 no.4
    • /
    • pp.1-17
    • /
    • 2016
  • The purpose of this study is to suggest an efficient way for ventures to achieve innovation performance through R&D cooperative arrangements. Achieving innovation is one of the critical factors for the survival of ventures. Unlike established firms, ventures often do not have the specialized assets necessary to take technological developments to the product and market stages. Young and resource-constrained firms can achieve innovation by finding and accessing to the complementary resources from R&D cooperation. In the current business environment, many firms are likely to engage in multiple simultaneous R&D cooperations with different partners. Recent research stream addresses the importance of efficient cooperation management from the holistic portfolio perspective. Since maintaining the multiple cooperative relations require substantial amount of time and effort, managing cooperative relationships play a more important role to resource-constrained firms. In order to find an efficient composition of R&D cooperative partners, we mainly focus on the diversity of partner type and dependence level in partnership. We analyze the data on Korean manufacturing ventures collected in the Korean Innovation Survey (KIS) which was conducted by the Science and Technology Policy Institute (STEPI). The KIS questionnaire assesses the existence of cooperative relationships with different types of partners respectively. The types of cooperating partners are affiliated companies, suppliers, clients & customers, competitors or other firms in the same industry, consulting firms, universities, and research institutes. We confirm that ventures obtain relatively higher benefits from R&D cooperation compared with established firms in terms of innovation performance. The results show that a moderate level of diversity in cooperative partner type composition increases innovation. Moreover, diversity of cooperation dependency among the partners enhances innovation performance. Likewise, concentrating on the quality aspects of cooperative composition, such as diversity of partners and degree of dependencies, this study offers some implications for ventures in managing partners from an integrative perspective.

  • PDF

The International Civil Aviation Organization and Recent Developments of Air Law in a Changing Environment (변환기(變換期)에 있어서의 국제민간항공기구(國際民間航空機構)(ICAD)와 항공법(航空法) 발전(發展)의 최근(最近) 동향(動向))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.4
    • /
    • pp.7-35
    • /
    • 1992
  • The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

  • PDF

A Diagnostic Study on High School Students' Health and Quality of Life - Based on the PRECEDE model - (고등학생의 건강 및 삶의 질에 대한 진단적 연구 - PRECEDE 모형을 근간으로 -)

  • Yoo Jae-Soon;Hong Yeo-Shin
    • The Journal of Korean Academic Society of Nursing Education
    • /
    • v.3
    • /
    • pp.78-98
    • /
    • 1997
  • Health education, as the most fundamental concept for national health promotion, alms for developing the self-care ability of the general public. High school days are regarded as the period when most important physical, mental and social developments occur, and most health-related behaviors are formed. School health education is one of the major learning resources influencing health potential in the home and community as well as for the individual student. High school health education in Korea has a fundamental systemic flaw in that health-related subjects are divided and taught under various subjects areas at school. In order to achieve the goal of school health education, it is essential to make a systematic assessment of the learner's concerns connected with his health and life, and the factors affecting them. So far, most of the research projects that had been carried out for improving high school health education were limited in their concerns to a particular aspect of health. Even though some had been done in view of comprehensive school health education, they failed to Include a health assessment of the learner. Therefore, in this study the high school students' concerns related to health and life were investigated in the first place on the basis of the PRECEDE model, developed by Green and others for the purpose of a comprehensive diagnostic research on high school health education. This study was done in two steps : one was the basic study for developing research instrument and the other was the main one. The former was conducted at five high schools in Seoul and Cheongju for 2 months-beginning in March, 1996. The students were asked to respond to questions related to their health and lives in unstructured open-ended question forms. On the basis of analysis of the basic study, the diagnostic instruments for the quality of life, health problems, health behavior and educational factors were constructed to be used for the collection of data for main study. An expert panel and the pilot study were used to improve content validity and reliability of the instruments. The reliability of the instruments was measured at between .7697 and .9611 by the Cronbach $\alpha$. The data for this study were collected from the sample consisted of the junior and senior classes of twenty general and vocational high schools in Seoul and Cheongju for two months period beginning in July, 1996. In analyzing the data, both t-test and $X^2$-test were done by using SAS-$PC^+$ Program to compare data between the sexes of the high school students and the types of high school. A canonical correlation analysis was carried out to determine the relationships among the diagnostic variables, and a multivariate multiple regression analysis was conducted by using LISREL 8.03 to ascertain the influences of variables on the high school students' health and quality of life. The results were as follows : 1) The findings of the hypothesis tests (1) The canonical correlation between the educational diagnosis variables and behavioral, epidemiological, social diagnosis variables was .7221, which was significant at the level of p<.001. (2) The canonical correlation between the educational diagnosis variables and the behavior variables was .6851, which also was significant (p<.001). (3) The canonical correlation between the behavioral diagnosis variables and the epidemiological variables was 4295, which was significant (p<.001). (4) The canonical correlation between the epidemiological diagnosis variables and the social variables was .6005, which was also significant (p<.001). Therefore, the relationship between each diagnosis variable suggested by the PRECEDE model had been experimentally proven to be valid, supporting the conceptual framework of the study as appropriate for assessing the multi-dimensional factors affecting high school students' health and quality of life. Health behavior self-efficacy, the level of parents' interest and knowledge of health, and the level of the perception of school health education, all of which are the educational diagnostic variables, are the most influential variables in students' health and quality of life. In particular, health behavior self-efficacy, a causative factor, was one of the main influential variables in their health and quality of life. Other diagnostic variables suggested in the steps of the PRECEDE model were found to have reciprocal relations rather than a unidirectional causative relationship. The significance of this research is that it has diagnosed the needs of high school health education by the learner-centered assessment of variety of factors related to the health and the life of the students. This research findings suggest an integrated system of school health education to be contrived to enhance the effectiveness of the education by strengthening the influential factors such as self-efficacy to improve the health and quality of the lives of high school students.

  • PDF

How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment (해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 -)

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.31
    • /
    • pp.27-56
    • /
    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

  • PDF

Management of the Nakdong-Jeongmaek based on the Characteristics of Cold Air - Focused on Busan, Ulsan, Pohang - (찬공기 특성을 고려한 낙동정맥 관리방안 연구 - 부산, 울산, 포항 인근을 대상으로 -)

  • Eum, Jeong-Hee;Son, Jeong-Min
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.44 no.5
    • /
    • pp.103-115
    • /
    • 2016
  • This study aims to analyze the properties of cold air production and its flow of Nakdong-Jeongmaek(mountain ranges), and to suggest management strategies for Nakdong-Jeongmaek in order to enhance the green air conditioning functions of Jeongmaek. For this purpose, three study sites including Gudeoksan Mountain and the vicinity in Busan, Goheonsan Mountain and the vicinity in Ulsan, and Unjusan Mountain and the vicinity in Pohang were selected. The results found that cold air flow and its height of the three study sites were analyzed based on topographic properties and land use. Management strategies for preserving and enhancing their temperature reduction functions were suggested. The cold air produced in the vicinity of Gudeoksan was not fully developed and spread because of the high-density development at the border of Jeongmaek. Since high pressures of development are expected at the border, high conservation policies are required. In the vicinity of Goheonsan, where the agricultural complex and industrial park are located, cold air flows well throughout the entire study site thanks to fully developed cold air in the wide, flat valley. Hence, plans to maintain the current cold air flow are required, and conservation plans to mitigate future developments are also needed in the flat valley. The cold air in Unjusan and the vicinity with its complex and narrow mountain valleys gradually develops into valley bottoms. In order to take advantage of the terrain, the valley near the cold air production areas are preserved. In particular, special plans are required to prevent damage to the cold air layer near Youngcheonho Lake, where the highest height of cold air was recorded due to the closed and lower terrain feature. This study could support the establishment of systematic management plans of Nakdong-Jeongmaek to preserve and enhance its green air conditioning functions.

A Study on the UIC(University & Industry Collaboration) Model for Global New Business (글로벌 사업 진출을 위한 산학협력 협업촉진모델: 경남 G대학 GTEP 사업 실험사례연구)

  • Baek, Jong-ok;Park, Sang-hyeok;Seol, Byung-moon
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
    • /
    • v.10 no.6
    • /
    • pp.69-80
    • /
    • 2015
  • This can be promoted collaboration environment for the system and the system is very important for competitiveness, it is equipped. If so, could work in collaboration with members of the organization to promote collaboration what factors? Organizational collaboration and cooperation of many people working, or worth pursuing common goals by sharing information and processes to improve labor productivity, defined as collaboration. Factors that promote collaboration are shared visions, the organization's principles and rules that reflect the visions, on-line system developments, and communication methods. First, it embodies the vision shared by the more sympathetic members are active and voluntary participation in the activities of the organization can be achieved. Second, the members are aware of all the rules and principles of a united whole is accepted and leads to good performance. In addition, the ability to share sensitive business activities for self-development and also lead to work to make this a regular activity to create a team that can collaborate to help the environment and the atmosphere. Third, a systematic construction of the online collaboration system is made efficient and rapid task. According to Student team and A corporation we knew that Cloud services and social media, low-cost, high-efficiency services could achieve. The introduction of the latest information technology changes, the members of the organization's systems and active participation can take advantage of continuing education must be made. Fourth, the company to inform people both inside and outside of the organization to communicate actively to change the image of the company activities, the creation of corporate performance is very important to figure. Reflects the latest trend to actively use social media to communicate the effort is needed. For development of systematic collaboration promoting model steps to meet the organizational role. First, the Chief Executive Officer to make a firm and clear vision of the organization members to propagate the faith, empathy gives a sense of belonging should be able to have. Second, middle managers, CEO's vision is to systematically propagate the organizers rules and principles to establish a system would create. Third, general operatives internalize the vision of the company stating that the role of outside companies must adhere. The purpose of this study was well done in collaboration organizations promoting factors for strategic alignment model based on the golden circle and collaboration to understand and reflect the latest trends in information technology tools to take advantage of smart work and business know how student teams through case analysis will derive the success factors. This is the foundation for future empirical studies are expected to be present.

  • PDF

Limitations of National Responsibility and its Application on Marine Environmental Pollution beyond Borders -Focused on the Effects of China's Three Gorges Dam on the Marine Environment in the East China Sea- (국경을 넘는 해양환경오염에 대한 국가책임과 적용의 한계 -중국의 산샤댐 건설로 인한 동중국해 해양환경 영향을 중심으로-)

  • Yang, Hee Cheol
    • Ocean and Polar Research
    • /
    • v.37 no.4
    • /
    • pp.341-356
    • /
    • 2015
  • A nation has a sovereign right to develop and use its natural resources according to its policies with regard to development and the relevant environment. A nation also has an obligation not to harm other countries or damage environments of neighboring countries as consequences of such actions of developments or use of natural resources. However, international precedents induce a nation to take additional actions not to cause more damages from the specific acts causing environmental damages beyond national borders, when such acts have economic and social importance. That is to say that there is a tendency to resolve such issues in a way to promote the balance between the mutual interests by allowing such actions to continue. A solution to China's Three Gorges Dam dilemma based on a soft law approach is more credible than relying on a good faith approach of national responsibilities and international legal proceedings since the construction and operation of the dam falls within the category of exercising national sovereign rights. If a large scale construction project such as the Three Gorges Dam or operation of a nuclear power plant causes or may cause environmental damage beyond the border of a nation engaged in such an undertaking, countries affected by this undertaking should jointly monitor the environmental effects in a spirit of cooperation rather than trying to stop the construction and should seek cooperative solutions of mutual understanding to establish measures to prevent further damages. If China's Three Gorges Dam construction and operation cause or contain the possibility of causing serious damages to marine environment, China cannot set aside its national responsibility to meet international obligations if China is aware of or knows about the damage that has occurred or may occur but fail to prevent, minimize, reverse or eliminate additional chances of such damages, or fails to put in place measures in order to prevent the recurrence of such damages. However, Korea must be able to prove a causal relationship between the relevant actions and resulting damages if it is to raise objections to the construction or request certain damage-prevention actions against crucial adverse effects on the marine environment out of respect for China's right to develop resources and acts of use thereof. Therefore, it is essential to cumulate continuous monitoring and evaluations information pertaining to marine environmental changes and impacts or responses of affected waters as well as acquisition of scientific baseline data with observed changes in such baseline. As China has adopted a somewhat nonchalant attitude toward taking adequate actions to protect against marine pollution risks or adverse effects caused by the construction and operation of China's Three Gorges Dam, there is a need to persuade China to adopt a more active stance and become involved in the monitoring and co-investigation of the Yellow Sea in order to protect the marine environment. Moreover, there is a need to build a regular environmental monitoring system that includes the evaluation of environmental effects beyond borders. The Espoo Convention can serve as a mechanism to ease potential conflicts of national interest in the Northeast Asian waters where political and historical sensitivities are acute. Especially, the recent diplomatic policy advanced by Korea and China can be implemented as an important example of gentle cooperation as the policy tool of choice is based on regional cooperation or cooperation between different regions.

Studies on the Character of Forest Purchasers and It's Forestry Activities -A Case Study on the Transfer of Forest Ownership and Forest Investment- (산림취득자본(山林取得資本)의 성격(性格)과 그들의 임업생산(林業生産)에 관(関)한 연구(硏究) -산림(山林)의 소유변동(所有変動)과 그들의 임업투자(林業投資) 사례(事例)-)

  • Park, Myong Kyu;Lee, Tchang Bok
    • Journal of Korean Society of Forest Science
    • /
    • v.55 no.1
    • /
    • pp.59-67
    • /
    • 1982
  • The objectives of this report is to evaluate the contribution of forest investments by the forest owners for the developments of private forests in the villages where the forest production, especially, chestnut production is active. The results obtained are as follows : 1) Newly purchased forest lands of 526 hectares, 71 percent, in 741 hectares by 96 farmers were replanted with chestnut trees for chestnut production. 2) As the chestnut production is considered to be the unique source of the early capital return in management of forests, selling and buying of forest lands in the area surveyed are enhanced to reforest the forest land with chestnut seedlings. 3) Most of new farmers being engaged in plantation and production of chestnuts in the forests are employees of private industries and government agencies, and merchants in neighboring towns. 4) All materials and expenses for formation of chestnut orchards are generally supplied by forest land owners. 5) Active buying and selling of newly established chestnut bushes are surely served as the estate in the area, thus, the trading of the bushes of young chestnut seedling also enhances the forest as the estate. 6) The management of forest established with chestnut orchards is a special form for forest investment, it makes possible to encourage imputing of capital to the new form of forests, chestnut orchards, and it could be a good possible model for private forest development as compared with that of government funding.

  • PDF

Nutrition Knowledge and Utilization of Information on Fast Food of Secondary School Students (대도시 중.고등학생의 패스트푸드에 대한 영양지식 및 정보 활용)

  • Lyu, Eun-Soon;Bae, Eun-Young;Her, Eun-Sil;Lee, Kyung-Hea
    • Journal of the Korean Society of Food Science and Nutrition
    • /
    • v.36 no.6
    • /
    • pp.727-734
    • /
    • 2007
  • The purpose of this study was to evaluate nutrition knowledge and utilization of information on fast food of secondary school students in the two biggest cities, Seoul and Busan. Questionnaires were distributed to a total of 1,265 students (645 at 10 middle schools, 620 at 10 high schools). An average rate of correct answers on nutrition knowledge of fast food was 73.4%. General nutrition knowledge on fast food showed high percentage of correct answers, but the knowledge of vitamin and fiber on fast food was of low percentage. The scores of nutrition knowledge, the fast food (ie. chicken, pizza, gimbab, dukbokki, and ramyon) intake group with $'{\geq}1$ time/week' showed significantly (p<0.01) lower scores than those of the group with $'{\leq}1$ time/month'. The groups with higher interest in health and weight control had significantly (p<0.05) higher scores on nutrition knowledge than those of lower interest groups. Only 19.6% of the subjects had the experience of using the nutrition information for selecting fast food, but 66% of them wanted the developments of the internet-sites to provide information on fast food and on the relationship between fast food and health.

The New Conflict of Laws Act of the Republic of Korea (개정 국제사법(國際私法)의 소개 : 국제거래(國際去來)에 미치는 영향을 중심으로)

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.20
    • /
    • pp.23-62
    • /
    • 2003
  • The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.

  • PDF